1. User/Member Information
Minors aged thirteen and younger. These Websites are not intended for use by children, under the age of thirteen. No one under age thirteen is permitted to provide any personal information on these websites. MGEquities, LLC would never knowingly solicit personal information from anyone under age thirteen nor knowingly allow a minor under the age of thirteen to participate in using the services available on its website. If you are under age thirteen, please do not attempt to register with www.maximumsportperformance.com or www.monsterarmprogram.com or send any information about yourself to us including your name, address, telephone number, or email address.
Minors between the age of fourteen and eighteen. If you are a minor, and between the ages of fourteen and eighteen, you can use this service only after providing parental consent and only in conjunction with your parents’ or guardians’ supervision. MGEquities, LLC would never knowingly allow a minor between the ages of fourteen and eighteen to use this website without obtaining parental consent.
In the event MGEquities, LLC learns that it has collected personal information from a child age thirteen or younger, or from a child between the ages of fourteen and eighteen without parental consent, it will delete that information as quickly as possible.
Parents must also acknowledge and agree that MGEquities, LLC does require some personal information such as name, address, email address, and age to register their children with its sites. This information will be viewed by other users /members at the children’s and parent’s discretion. Further, as a parent, you must acknowledge and agree that if your children disclose information about themselves in publicly accessible areas of these website, they may get unsolicited messages from other third parties. Accordingly, all parents who provide consent for their children to use these sites should instruct them where and how to post personal information and all parents should monitor their children’s use of these sites carefully.
Athletes. All athletes acknowledge and agree that they are solely responsible for ensuring that all contact they are engaging in with coaches and teams is in compliance with NCAA regulations. MGEquities, LLC is not liable for regulating or restricting contact between athletes and coaches in compliance with NCAA regulations.
Coaches. All coaches acknowledge and agree that they are solely responsible for ensuring that all contact they are engaging in with athletes is in compliance with NCAA regulations. MGEquities, LLC is not liable for regulating or restricting contact between coaches and athletes in compliance with NCAA regulations.
NCAA. MGEquities, LLC has taken appropriate measures to abide by all NCAA rules and regulations pertaining to the contacts that can be made between athletes, coaches and teams through its website. However, all athletes, teams and coaches should ensure that they too are familiar with the NCAA rules and regulations. All athletes, coaches and teams who use this site acknowledge and agree that MGEquities, LLC shall not be responsible and shall not be held liable for any athlete, coach or team who makes inappropriate contact with any other individual or entity in direct violation of the NCAA rules and regulations.
2. Use of www.maximumsportperformance.com and www.monsterarmprogram.com
The access to and use of the member portion of these sites by a user is based on prompt payment of membership dues on the day they are due. In order for a user to gain access to the membership area, they must pay a fee(s) which are not limited to one time fee. A user becomes a member when their fee(s) for membership is/are processed and accepted in good standing by MG Equities LLC payment processor and bank account. This fee is only refundable when full retail payment is made by user/member, processed, and accepted by MG Equities LLC, and provided the member provides an email to firstname.lastname@example.org by the end of the 60th day from purchase. A full refund will be given minus transaction costs incurred by the site owner to make this transaction happen, provided the email is received by the end of 60th day from purchase date. No refund will be given to any member who becomes such a member by use of any percentage-off coupon codes, or when the price for membership is promotionally discounted to the user for more than 10% of the current original price as seen in the latest published marketing material as authorized by the site owner. A user who tries to become a member is bound to the terms of the payment processor that is used for membership fee collection.
You may use these Sites as a resource for making contacts, compliant with NCAA regulations, between athletes, teams and coaches. These sites may also be a resource for various affiliated athletic products, and services offered in your area.
These websites may permit you to upload statistical information relating to your athletic ability, photographs, video clips and other personal information to market yourself to potential athletes, coaches and teams.
You may download, view, copy and print information, documents and other materials on or from these Sites: (a) solely for personal, informational, and for non-commercial purposes; and (b) provided that neither the materials, nor any proprietary notices therein, are modified or altered. You are solely responsible for any actions you take in connection with your use of the website and for all data, information or other material (“Data”) you share via the Site.
You may not reproduce, transmit, disseminate, sell, broadcast, circulate, republish, duplicate, modify, upload, post, re-deliver using “framing” technology, or otherwise distribute or commercially exploit in any way these Sites or any portion of the content of these Sites, without the prior written consent of MGEquities, LLC. You may not link to these Sites without the permission of MGEquities, LLC.
You agree not to store, upload or transmit on, to or via the Sites any Data which: (a) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (b) is defamatory, libelous, harmful, abusive, harassing, unlawfully threatening or harmful to minors in any way; (c) that is pornographic or depicts a human being engaged in actual sexual conduct of any kind what so ever; (d) is known by you to be false, deceptive, misleading, deceitful, or misinformative; (e) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, sexual orientation, race, ethnicity, age or disability; (f) that impersonates any person or entity, including, but not limited to, an athlete, coach, team or employee of MGEquities, LLC, or falsely states or otherwise misrepresents your affiliation with a person, team or other entity; or (g) that includes personal or identifying information about another person without that person’s explicit consent; (h) that constitutes or contains junk mail, spam, chain letters, or any other unsolicited commercial advertisement; (i) that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (j) otherwise violates any applicable treaty, law or regulation. You agree you will not interfere, in any way, with others’ use of or access to these websites and will not attempt to gain unauthorized access to any users’ /members’ personal account information.
In addition to the foregoing, you are prohibited from: (a) doing any act which you have reason to know may disrupt the functionality of the Sites; (b) translating, decompiling, reverse engineering or otherwise attempting to gain access to the source code of any software contained on these Sites (the “Software”); (c) using these Sites in any manner which would violate any local, state, national or international law; (d) contacting anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial or unlawful purpose; (e) stalk or otherwise harass anyone; or (f) collect personal data about other users/members for commercial or unlawful purposes.
It is expressly understood by all users/members of these sites that maximimusportperformance.com and monsteramprogram.com is an online service for athletes, coaches, and trainers for personal physical enhancement and that MGEquities, LLC is not an agent or representative of any one user/member of this site. Results listed on the home page of these sites are not typical. Also, the Content obtained from MGEquities LLC or its licensors, and other materials contained on these sites are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. MGEquities LLC, the author and publisher of this content are not responsible in any manner whatsoever for any injury that may occur through following the instructions on these sites. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen on maximumsportperformance.com or monsteramprogram.com.
3. Limitation on Service
You acknowledge that MGEquities, LLC may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that MGEquities, LLC has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MGEquities, LLC reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MGEquities, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
4. Changes and Amendments to the User/Member Agreement and the Terms and Conditions.
MGEquities, LLC reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. Any use of the website following notice of any change to the terms and conditions will constitute user’s/member’s agreement and acceptance to such change(s).
From time to time, MGEquities, LLC may revise or update these websites, which may render all such prior versions of these sites obsolete. Consequently, MGEquities, LLC reserves the right to terminate this Agreement as to all such prior versions of these sites and/or related material and limit access to only the more recent site. Furthermore, MGEquities, LLC reserves the right to charge a new membership fee for these new sites.
5. Termination, Cancellation or Suspension
Either User/Member or MGEquities, LLC may terminate this Agreement at any time.
MGEquities, LLC may terminate Customer’s participation in MGEquities, LLC’s services for any reason, including inactivity at any time. MGEquities, LLC will try to notify user/member in advance, but MGEquities, LLC is not obligated to do so. The member will be entitled to a refund of their membership dues provided their membership purchase complies with bullet point 2. (two), above.
The User/Member may terminate this agreement at any time for any reason. The member will be entitled to a refund of their membership dues provided their membership purchase complies with bullet point 2. (two), above.
At any time, without notice to you, and for any or no reason, MGEquities, LLC may modify or discontinue all or any part of these websites. MGEquities, LLC shall in no way be held liable for any consequence which results from MGEquities, LLC’s decision to modify or discontinue providing all or any part of the site.
6. Proprietary Rights
Nothing in these Terms and Conditions shall be deemed to grant to you or any other user/member any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of MGEquities, LLC. All content on these Sites, including design, text, graphics, logos, button icons, images, software and video or audio clips; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to MGEquities, LLC or its licensors with the exception of content that its users/members post. Although MGEquities, LLC does not claim ownership of content that its users/members post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MGEquities, LLC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant MGEquities, LLC all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
The collection, arrangement and assembly of the content on the Sites are the exclusive property of MGEquities, LLC and are likewise protected by copyright and other intellectual property laws.
The Service is protected to the maximum extent permitted by trademark and copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MGEquities, LLC. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of MGEquities, LLC, and agree to abide by any and all copyright notices displayed on the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
8. Security and Confidentiality
MGEquities, LLC is committed to the security of its members’ account information. Similarly, User/Member must take every precaution to ensure the safety, security, and integrity of User’s/Member’s accounts. When User/Member authorizes other users/member to view his or her personal information, User/Member is responsible for all transactions that person performs while using User’s/Member’s personal information.
MGEquities, LLC requires its customers to enter a User I.D. and password to access their account. For your protection and security:
Do not give to anyone your account information, User I.D. or password.
Never leave your account information out in an open area accessible by others (including your computer screen).
If your PC is accessible by others, do not permit your browser to save your User I.D. or password.
Never leave your PC unattended while you are logged onto the Site.
9. Third Party Advertisements and Links
These Sites users/members acknowledge that MGEquities, LLC provides links to other websites, products and services which are provided by third parties. You agree that under no circumstances will MGEquities, LLC, its affiliates, or any third party provider contacted via the site be responsible for (a) any information contained or omitted from the site; (b) any person’s reliance on any such information, whether or not the information is correct, current, or complete; (c) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of this site. MGEquities, LLC and its affiliates also have no responsibility for any person’s satisfaction with any third party provider, whether relating to the third party provider’s competence, diligence, or otherwise; the results of any advice given by, representation from or products of any third party provider, or the failure or refusal of any third party provider to respond to or consult with you. IN NO EVENT WILL MGEQUITIES, LLC BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE. If there is a dispute between participants on this site, or between users/members and any third party, you understand and agree that MGEquities, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users/members, you hereby release MGEquities, LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
10. Disclaimer of Warranties
WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION. NOTWITHSTANDING THE FOREGOING, THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS SITE (INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS, VIDEO AND AUDIO CLIPS AND LINKS) ARE PROVIDED BY MGEQUITIES, LLC “AS IS.” MGEQUITIES, LLC MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS REFERENCED ON OR LINKED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR WARRANTIES THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MGEQUITIES, LLC RECOMMENDS THAT YOU ROUTINELY SCAN YOUR COMPUTER EQUIPMENT FOR VIRUSES. IN ADDITION, ALTHOUGH MGEQUITIES, LLC BELIEVES ALL INFORMATION ACCESSIBLE ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, MGEQUITIES, LLC CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND MGEQUITIES, LLC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN.
11. Limitation of Liability
IN NO EVENT SHALL MGEQUITIES, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF MGEQUITIES, LLC’S WEBSITE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES), EVEN IF MGEQUITIES, LLC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
Please write “Dispute” in the subject line, and send the email twice.
You agree that any action arising out of the Terms of Service or your use of MGEquities, LLC’s websites shall be brought in the Court of Common Pleas of Montgomery County, Pennsylvania, and you consent to the jurisdiction of such court, regardless of where you actually live or work.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for MGEquities, LLC to pursue legal action to enforce these Terms, you will be liable to pay MGEquities, LLC the following amounts as liquidated damages, which you accept as reasonable estimates of MGEquities, LLC’s damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay MGEquities, LLC one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If MGEquities, LLC establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay MGEquities, LLC one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access MGEquities, LLC in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to MGEquities, LLC’s email addresses (including but not limited to MGEquities, LLC members) or through MGEquities, LLC’s computer systems, you agree to pay MGEquities, LLC twenty five dollars ($25) for each such email.
d. If you post Content in violation of the User/Member Agreement and terms and conditions, other than as described above, you agree to pay MGEquities, LLC one hundred dollars ($100) for each Item of Content posted. In its sole discretion, MGEquities may elect to issue a warning before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without MGEquities, LLC’s express written permission, you agree to pay MGEquities, LLC three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay MGEquities LLC’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, MGEquities, LLC retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
You agree to indemnify and hold harmless MGEquities, LLC, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements and court costs) arising from or in connection with your direct or indirect use of MGEquities, LLC’s services; your violation of these Terms of Service, or your violation of any rights of any third party.
14. Governing Law
The laws of the Commonwealth of Pennsylvania will govern these Terms of Service, without giving effect to any principles of conflicts of laws.
15. Miscellaneous Provisions
Assignment. User/member may not assign this Agreement to any other party. MGEquities, LLC may assign its rights and delegate its duties and responsibilities under this Agreement to a company affiliated, directly or indirectly, with MGEquities, LLC. It may also assign or delegate certain of its rights and responsibilities under the Agreement to independent contractors or third parties.
No Waiver. MGEquities, LLC shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by MGEquities, LLC. No delay or omission on the part of MGEquities, LLC in exercising its rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Severability. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable Pennsylvania law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.
These Terms of Service set forth the entire understanding between you and MGEquities, LLC with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and MGEquities, LLC with respect to such subject matter.